Horticulture and Forestry Advisory Board Agenda and Packet 2012 01 05

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Gifts and Nepotism The Code of Ethics, as well as state law, regulates the receipt of gifts. City officials and employees may not solicit or accept a present or future gift, favor, discount, service or other thing of value from a party to a City contract, or from a person seeking to influ- ence an official action. There is an exception for the "occasional nonpecuniary gift" of $15 or less, but this exception does not apply if the gift, no matter how small, may be associated with the official's or em- ployee's official action, whether concerning a contract or some other matter. The gift ban also extends to independent contractors who may exercise official ac- tions on behalf of the City. The Code of Ethics also prohibits common forms of nepotism. For example, no officer, public body mem- ber, or employee shall be responsible for employment matters concerning a relative. Nor can he or she influ- ence compensation paid to a relative, and a relative of a current officer, public body member or employee cannot be hired unless certain personnel rules are followed. Other Ethics Rules of Interest Like state law, Louisville's Code of Ethics prohibits the use of non - public information for personal or private gain. It also prohibits acts of advantage or fa- voritism and, in that regard, prohibits special consid- erations, use of employee time for personal or private reasons, and use of City vehicles or equipment, except in same manner as available to any other person (or in manner that will substantially benefit City). The City also has a "revolving door" rule that prohibits elected officials from becoming City employees either during their time in office or for two years after leav- ing office. These and other rules of conduct are found in Section 5 -9 of the Code of Ethics. Disclosure, Enforcement, and Advisory Opinions The Code of Ethics requires that those holding or running for City Council file a financial disclosure statement with the City Clerk. The statement must include, among other information, the person's em- ployer and occupation, sources of income, and a list of business and property holdings. The Code of Ethics provides fair and certain proce- dures for its enforcement. Complaints of violations may be filed with the City prosecutor; the complaint must be a detailed written and verified statement. If the complaint is against an elected or appointed of- ficial, it is forwarded to an independent judge who ap- points a special, independent prosecutor for purposes of investigation and appropriate action. If against an employee, the City prosecutor will investigate the complaint and take appropriate action. In all cases, the person who is subject to the complaint is given the opportunity to provide information concerning the complaint. Finally, the Code allows persons who are subject to the Code to request an advisory opinion if they are uncertain as to applicability of the Code to a particu- lar situation, or as to the definition of terms used in the Code. Such requests are handled by an advisory judge, selected from a panel of independent, dis- interested judges who have agreed to provide their services. This device allows persons who are subject to the Code to resolve uncertainty before acting, so that a proper course of conduct may be identified. Any person who requests and acts in accordance with an advisory opinion issued by an advisory judge is not subject to City penalty, unless material facts were omitted or misstated in the request. Advisory opin- ions are posted for public inspection; the advisory judge may order a delay in posting if the judge deter- mines the delay is in the City's best interest. Citizens are encouraged to contact the City Man- ager's Office with any questions about the City's Code of Ethics. A copy of the Code is available at the City's web site at www.LouisvilleCO.gov, and also from the Offices of the City Manager and City Clerk. Other Laws on Citizen Participation in Government preceding sections of this pamphlet describe Louisville's own practices intended to fur- ther citizen participation in government. Those practices are generally intended to further dis- semination of information and participation in the governing process. Some other laws of interest regarding citizen participation include: Initiative and Referendum The right to petition for municipal legislation is reserved to the citizens by the Colorado Constitu- tion and the City Charter. An initiative is a petition for legislation brought directly by the citizens; a referendum is a petition brought by the citizens to refer to the voters a piece of legislation that has been approved by the City Council. In addition to these two petitioning procedures, the City Council may -7-